All, I have to say is welcome to the fascist state people. We now have secret trials with secret evidence.

Yup! It's happened here and so many embrace it without qualms so long as it's not happening to them. Just like Germany circa 1930's.

__________________My Message to President-Elect Donald Trump:America did NOT became great because of what government did. America became great because of what the U.S. Constitution prevented our government from doing. The people made America great.

It sounds like all he did was say that the judge should review the material first to decide whether or not there's even an argument about whether it should be shared. If there is, he can move on to an adversarial hearing to settle the issue.

If he looks at the evidence and finds that there is nothing there that even arguably falls under the Brady rule, then there's no reason for it to be shared.

__________________

“The American people are tired of liars and people who pretend to be something they’re not.” - Hillary Clinton

It sounds like all he did was say that the judge should review the material first to decide whether or not there's even an argument about whether it should be shared. If there is, he can move on to an adversarial hearing to settle the issue.

If he looks at the evidence and finds that there is nothing there that even arguably falls under the Brady rule, then there's no reason for it to be shared.

Actually, usually judges defer to have the prosecution hand over all the evidence for the simple fact that the judge does not now the defenses strategy and evidence they in their opinion is immaterial, may in fact not be. Considering Brady material also includes information the defense can use to impeach the credibility of government witnesses and/or reduce the defendants sentence. This ruling is very suspect.

It sounds like all he did was say that the judge should review the material first to decide whether or not there's even an argument about whether it should be shared. If there is, he can move on to an adversarial hearing to settle the issue.

If he looks at the evidence and finds that there is nothing there that even arguably falls under the Brady rule, then there's no reason for it to be shared.

...thus stripping accountability from the process. That's "all"...

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Ehyeh asher ehyeh.

"You and I are told we must choose between a left or right, but I suggest there is no such thing as a left or right. There is only an up or down. Up to man's age-old dream – the maximum of individual freedom consistent with order – or down to the ant heap of totalitarianism." -Ronald Reagan

It turns out that the FISA statute requires the judge to review the material first to determine whether or not it was legally acquired and only if she can't make that determination is she allowed to share it with the defendant's properly cleared attorneys. In this case, the judge was able to make that determination but she ordered the material shared anyway in violation of the statute.

In a separate opinion (.pdf), Judge Rovner acknowledges the inherent problems defendants will have in challenging FISA warrants and calls on all three branches (especially Congress) to attempt to address them. Nonetheless, Rovner concurs with the Posner opinion "in full". There were no dissents.

__________________

“The American people are tired of liars and people who pretend to be something they’re not.” - Hillary Clinton

Your argument is an example of how people justify the usurpation of the Constitution when it suits their politics.

We should declare war formally and just take pows. For eff's sake it would be simple to resolve.

__________________My Message to President-Elect Donald Trump:America did NOT became great because of what government did. America became great because of what the U.S. Constitution prevented our government from doing. The people made America great.

__________________My Message to President-Elect Donald Trump:America did NOT became great because of what government did. America became great because of what the U.S. Constitution prevented our government from doing. The people made America great.

Yes, considering we already now the NSA hands over evidence to the DEA so that they can construct an investigation and hide the source of the initial tip, that being a warrantless wiretap. The defense lawyers have a good case that the FBI may have gotten the same help before you know entraping the guy.

This evidence could impeach government witnesses as to how exactly they made the case against the defendant.

Yes, considering we already now the NSA hands over evidence to the DEA so that they can construct an investigation and hide the source of the initial tip, that being a warrantless wiretap. The defense lawyers have a good case that the FBI may have gotten the same help before you know entraping the guy.

This evidence could impeach government witnesses as to how exactly they made the case against the defendant.

I understand that *you* want increased levels of due process, but I was asking where adversarial evidentiary hearings are required in the constitution.

__________________

“The American people are tired of liars and people who pretend to be something they’re not.” - Hillary Clinton